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Full-Text Articles in Law

Governing The Whole World, Andrew Strauss, Richard Falk Jun 2000

Governing The Whole World, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.


The Twilight Of Customary International Law, James Kelly Dec 1999

The Twilight Of Customary International Law, James Kelly

Patrick Kelly

This article criticizes mainstream customary international legal theory as lacking authority and legitimacy. Few customary international law (CIL) norms are, in fact, customary. All customary law, international or otherwise, acquires its legitimacy from the normative belief of a community. Norms may be inferred from the repeated acts believed to be required using the inductive method. CIL, however, has become a device for judges, advocates, and self-interested states to deduce or create new norms without regard to the beliefs or participation of the vast majority of states and their people. CIL norms are constructed from non-binding resolutions and soft law instruments …


Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson Dec 1999

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Kenneth Anderson

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …